State of Maine v. Leanna M. Norris

2016 ME 37, 134 A.3d 319, 2016 Me. LEXIS 37
CourtSupreme Judicial Court of Maine
DecidedMarch 3, 2016
DocketDocket Pen-15-205
StatusPublished
Cited by3 cases

This text of 2016 ME 37 (State of Maine v. Leanna M. Norris) is published on Counsel Stack Legal Research, covering Supreme Judicial Court of Maine primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State of Maine v. Leanna M. Norris, 2016 ME 37, 134 A.3d 319, 2016 Me. LEXIS 37 (Me. 2016).

Opinion

ALEXANDER, J.

[¶ 1] Leanna M; Norris appeals from a judgment of conviction for murder, 17-A M.R.S. § 201(1)(A) (2015), entered by the trial court (Penobscot County, A.- Murray, J.) after a jury-waived-trial. There is no dispute that on June 23, 2013, Norris caused the death of her two-year-old daughter by giving her a large dose of diphenhydramine, commonly known as ■“Benadryl,.” and then by physically suffocating her. Following a dispute with the child’s father, Norris formed a plan to cause her daughter’s death, and over the course of approximately two hours drove from Auburn, to Waterville,. to Palmyra, and to Newport, making stops along the way in furtherance, of her plan and ultimately suffocating her daughter. .

[¶ 2] Norris contends that because she was suffering from major depressive disorder and other mental health problems when she caused her daughter’s death, the trial court erred by (1) finding that she did not prove, by a preponderance of the evidence, her affirmative defense that she was not criminally responsible by reason of a mental disease or defect; see 17-A M.R.S. §§ 39, 101(2) (2015); and (2) finding, beyond a reasonable doubt, that her actions in killing her- daughter were intentional or knowing. Because it was the trial court’s responsibility to decide the weight and sufficiency of the evidence, and the record demonstrates no clear error in the trial court’s findings, we affirm.

I. CASE HISTORY

[¶ 3] The following facts are taken directly from the trial court’s decision, and these facts, which the' court found to have been proved beyond a reasonable doubt, are supported by competent record evidence. See State v. Herzog, 2012 ME 73, ¶¶ 2, 13, 44 A.3d 307.

[¶ 4] Norris, the child, and the child’s father were living together at an apartment in Auburn. Between June 19 and June 23, 2013, Norris and the father had “argued, endéd their relationship, resumed or attempted to resume their relationship, and then ended the relationship again.” In the afternoon or evening of June 23, the father left the home. “Norris decided that she would suffocate [the child] and then kill herself, and she wanted to be near her parents’ home when she did these acts.” Before leaving the apartment, Norris collected duct tape, a bottle of diphenhydra-mine, and a syringe.

[¶ 5] Norris stopped at a gas station to refuel her car and buy apple juice for her daughter. Next; she drove to Waterville, where she bought the child a “Happy Meal” at McDonald’s and a 200-count bot- *321 tie of Advil at a supermarket. Norris then drove to the parking lot of a store in Palmyra, where she gave the child a large dose of the diphenhydramine. Norris drove for a while longer until the child had fallen asleep.

[¶ 6] At a boat ramp near Newport, Norris turned off the road, parked, and got into the backseat with her daughter. The child woke up. Norris “put duct tape over [the child’s] nose and mouth, and covered [the child’s] face with a blanket.” “Norris then held her hand over [her daughter’s] face.” The child “struggled a bit, but [Norris] kept her hand over [the child’s] nose and mouth and suffocated her.”

[¶7] Norris “checked for [the child’s] heartbeat and opened [her] eyelids to confirm she had died.” She placed the child’s body in the front passenger seat and drove toward her parents’ home. Nearing her parents’ home, she turned onto a remote road. Norris took all 200 Advil pills and the remainder of the diphenhydramine, wrote a suicide note, and prepared a “mask” from the duct tape. She then “drove to a nearby cemetery, put the duct-tape mask on her face and tried to suffocate herself.”

[¶ 8] “Although [she made] a genuine suicide attempt,” Norris ultimately “awoke and vomited outside her ear.” She “called her father and told him she had killed [the child],” and repeated the same to her mother when her mother took the phone. Her mother convinced her to drive to their house. When Norris arrived, her father verified that the child had died. Norris “told her parents that they would be ‘mad’ at her,” and she asked them for help in committing suicide. Her father called 9-1-1, and her parents kept her awake until emergency personnel arrived.

[¶ 9] Norris was transported to a local hospital. After she was treated, Norris was evaluated by a psychiatric consultant and was “admitted to Acadia Hospital due to suicidal ideation.” “Shortly thereafter, [Norris] was transferred to [Pen Bay] Medical Center and a few days later was arrested.” She was indicted on one count of intentional or knowing murder. See 17-A M.R.S. § 201(1)(A). At arraignment, Norris entered pleas of not guilty and not criminally responsible by reason of mental disease or defect.

[¶ 10] At the trial, four mental health professionals testified to their opinions regarding Norris’s state of mind on the day that she killed her daughter. Three of these witnesses were qualified to testify as to diagnoses, and they agreed that Norris was suffering from major depressive disorder and social anxiety disorder, was suicidal, and was emotionally immature. All four professionals agreed that Norris was not psychotic or suffering from hallucinations or delusions on that day. Dr. Ann LeBlanc, a forensic psychologist from the State Forensic Service, testified that Norris had used reality-based reasoning and had reality-based motivations for killing the child. She testified that depression and anxiety disorders generally do not prevent a person from knowing right from wrong. Dr. Charles Robinson, a psychologist presented by Norris, testified that Norris believed that killing the child was “right,” in part because she believed that the two of them would be together forever after Norris killed herself. He testified that Norris “was not accurately perceiving reality” as a result of her mental health conditions.

[¶ 11] After discussing the expert testimony at length, the court found that Norris had not met her burden to prove, by a preponderance of the evidence, that she was not criminally responsible by reason of a mental disease or defect. The court affirmatively found that Norris was not *322 suffering from “a mental disease or defect that grossly and demonstrably impaired her perception or understanding of reality,” as the term is defined by 17-A M.R.S. § 39(2), 1 and it further found that she did not lack the substantial capacity to appreciate the wrongfulness of her conduct, see 17-A M.R.S. § 39(1).

' [¶ 12] Thé court adjudged Norris guilty of murder, sentenced her to a term of thirty-seven years of imprisonment, and ordered her to pay restitution for funeral costs and a mandatory surcharge that is imposed on all convictions. Norris brought this timely appeal. See 15 M.R.S. § 2115 (2015); M.R.App. P. 2. She also filed for leave to appeal from her sentence,which the Sentence Review Panel denied on August 3, 2015. See 15 M.R.S. §§ 2151-2157 (2015); M.R.App. P. 20.

II. LEGAL ANALYSIS

’ [¶ 13] Norris contends that the record compels the finding that she proved her affirmative defense of not criminally responsible by reason of a mental disease or defect.

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Bluebook (online)
2016 ME 37, 134 A.3d 319, 2016 Me. LEXIS 37, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-of-maine-v-leanna-m-norris-me-2016.